Allowed

Siemens Aktiengesellschaft v. Siemens Consultancy Services Pvt. Ltd.

Delhi HC10 Mar 2016CS(OS)/3071/2015

Case brief

AI extract

What is this about?

This order grants an ex-parte temporary injunction against the defendant for infringement of the plaintiff's registered trademark 'SIEMENS' and misuse of the domain name www.siemensconsultancy.com pending the disposal of the suit.

What did the court decide?

The defendant is restrained from manufacturing, selling, or advertising under the trademark 'SIEMENS' or using the domain name www.siemensconsultancy.com; the application is disposed of with a Dasti c

Siemens Aktiengesellschaft Vs Siemens… — Civil Procedure and Limitation | Delhi HC (2016)

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$~OS-9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 3071/2015

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SIEMENS AKTIENGESELLSCHAFT ..... Plaintiff Through: Ms.Anju Agrawal, Advocate

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versus

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SIEMENS CONSULTANCY SERVICES PVT LTD .... Defendant Through: None.

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CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL O R D E R % 27.04.2017 CS(OS) 3071/2015

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None appears on behalf of the defendant despite service of notice. The defendant is proceeded ex-parte.

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List for recording ex-parte evidence before the Joint Registrar on 18^th July, 2017.

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IA No 21418/2015 (under O.XXXIX R.1 & 2 CPC)

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None appears on behalf of the defendant despite service of notice. The accompanying suit has been instituted on behalf of the plaintiff no.1 against the defendant seeking permanent injunction, inter alia, restraining the latter from infringement and misuse of the registered trademark ‘SIEMENS’, of the former. The accompanying suit is predicated on the trademark ‘SIEMENS’ , registered in the name of plaintiff no.1 since the year 1952, under Class 1, 5, 7, 9, 10, 11 and 35 of the Trademarks Act, 1999.

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It has been asserted that plaintiff no.1, is one of the leading electrical, electronic and industrial engineering company with about 750 subsidiaries and associated companies around the globe. The plaintiff no.2 being the subsidiary of plaintiff no.1 has the permission to use the

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impugned trademark ‘SIEMENS’.

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It has been submitted on behalf of the plaintiffs that the defendant by adopting the mark ‘SIEMENS’ qua its goods/services; and for its domain name, in the manner www.siemensconsultancy.com, has sought to mislead, deceive and confuse the relevant purchasing public and advertisers into believing that there is some sort of an association and/or nexus between the plaintiffs and the defendant. Therefore, the defendants are trading upon the reputation and goodwill associated with the trademark of the plaintiff.

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The website www.siemensconsultancy.com is stated to be offering, inter alia, services in relation to technology, engineering, construction, manufacturing and financial services conglomerate, with global operations, and allegedly addresses critical needs in key sectors like Hydrocarbon, Infrastructure, Power and Process Industries, for customers in India, under the Trademark ‘SIEMENS’ .

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It has been further submitted that the use of the said domain name by the defendant dilutes the distinctive quality of the impugned mark of the plaintiff.

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As mentioned hereinabove, despite service of notice, neither has a reply been filed to the present application nor are the defendants present before this Court today. Consequently, the averments made on behalf of the plaintiff are uncontroverted.

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In view of the foregoing, and after perusing the plaint alongwith the documents annexed therewith, I am of the view, that the plaintiffs have succeeded in demonstrating a strong prima facie case in their favour, and that grave and irreparable loss shall be occasioned to the plaintiffs, in the event an injunction, as hereinafter elaborated, restraining the defendant, is not granted. The balance of convenience also lies in favour of the plaintiffs.

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Accordingly, till the disposal of the suit, the defendant, by themselves, their servants, agents etc., are hereby restrained from:-

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(a) manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in products or goods and offering services under the trademark ‘SIEMENS’ or any other trademark deceptively and/or confusingly similar to the trademark ‘SIEMENS’ of the plaintiffs, so as to infringe plaintiff’s registered trademark Siemens;

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(b) manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in products or goods and offering services under the trading name/corporate name ‘SIEMENS’ or any other trademark and trading name deceptively and/or confusingly similar to the trademark ‘SIEMENS’ of the plaintiffs, so as to infringe plaintiff’s registered trademark ‘SIEMENS’ ; and

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(c) Using website www.siemensconsultancy.com and www.siemensconsultancy.com and/or any other website and domain name having name Siemens, so as to infringe plaintiff’s registered trademark ‘SIEMENS’ .

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With the above directions, the application is disposed of. Dasti .

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SIDDHARTH MRIDUL, J

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APRIL 27, 2017/mb

Siemens Aktiengesellschaft v. Siemens Consultancy Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Siemens Aktiengesellschaft v. Siemens Consultancy Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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